Protective Order Basics in Virginia

Virginia, like most other states, has a comprehensive protective order law. Protective orders are extremely common in domestic violence cases. Typically, when they make domestic violence arrests, police officers must inform alleged victims of their right to request a civil protective order. Furthermore, protective orders are easier to enforce than assault, stalking, or other complaints. The defendant violates a court order by being in a certain place, so the defendant goes to jail, regardless of the defendant’s motives.

Alleged victims rarely intentionally fabricate stories to obtain court orders. However, they often unintentionally exaggerate facts, since the brain is not a tape recorder and we remember facts selectively. Generally, a civil judge has jurisdiction over the protective order process. Nevertheless, a Leesburg domestic violence lawyer can stand up for your rights in court in these situations.

What is the Legal Definition of Domestic Violence in Virginia?

“Family abuse,” the technical term for domestic violence in Virginia, occurs when a family or household member commits any act involving violence, force, or threat that results in physical injury, or places the alleged victim in reasonable fear of death, sexual assault, or bodily injury. Such acts include, but are not limited to, any forceful detention, stalking, criminal sexual assault, or any criminal offense that results in bodily injury or reasonable fear of death, sexual assault, or bodily injury.

What Types of Protective Orders Are Available?

A family abuse protective order is a civil court order that is designed to stop violent behavior and keep the abuser away from you. There are three types of protective orders for family abuse:

• Emergency Protective Order: EPOs offer immediate protection, and can be issued at the request of law enforcement officers on weekends or after business hours. A judge may issue an EPO ex parte, if s/he believes the alleged victim is in immediate danger. The order takes effect once the defendant is personally served. EPOs expire at the end of the third day following issuance. A judge may grant a three day extension in some cases.
• Preliminary Protective Orders: PPOs, which alleged victims must request in person, are valid for fifteen days until the court hearing for a final protective order. If the court is closed on the fifteenth day, the PPO lasts until the next day that the court is open. If the respondent fails to appear at this hearing because the respondent was not personally served, the court may extend the protective order for a period not to exceed six months.
• Final Protective Orders: FPOs are valid for up to two years. The judge may grant an FPO after a full court hearing where the alleged victim and alleged abuser, and the alleged abuser’s Leesburg criminal defense lawyer, have an opportunity to appear. An extension may be available

If the alleged victim and respondent are involved in a parallel family law proceeding, like a divorce, that judge usually assumes jurisdiction over the protective order process.

What Protections Can I Get in a Protective Order?

EPOs are the most limited protective orders. They prohibit acts of family abuse or criminal offenses that result in injury to a person or property, have a 100-foot keep-away zone, and can exclude the alleged abuser from a shared residence.

PPOs add additional protections, such as prohibiting interference with necessary utility services, granting temporary possession/use of a vehicle, and prohibiting any contact by the alleged abuser with you or your family or household members that the judge believes is necessary to protect your/their safety.

In terms of content, FPOs are almost identical to PPOs. However, FPOs can last much longer than PPOs, as mentioned above.

Count On a Dedicated Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Convenient payment plans are available.

Source:

law.lis.virginia.gov/vacode/title19.2/chapter9.1/section19.2-152.8/